Managing Repeated Employee Sick Leave: Employer Rights Under Czech Law

JUDr. Barbora Kořenářová
JUDr. Barbora Kořenářová
10.3.2026 | ARROWS law firm

Are you facing a situation where an employee repeatedly misses work due to illness? In this article, you will learn what rights and obligations you have as an employer under Czech law, what to watch out for, and how to avoid a common mistake – unlawful termination or discrimination. The article provides clear answers to questions that the attorneys at ARROWS, a Prague-based law firm, deal with every day.

The illustrative image shows experts discussing the issue of an employee’s repeated sick leave absence.

Quick summary

  • The employer pays wage compensation for the first 14 days of temporary incapacity for work; from day 15, the state takes over the funding.
  • The employer is entitled to check whether, during the first 14 days, the employee is staying at the reported address and complying with permitted outings.
  • Repeated sick leave cannot be addressed by giving notice “due to illness”, but it can be handled through an assessment of medical fitness by the occupational health services provider, or—if malingering is suspected—through checks of compliance with the prescribed treatment regime.
  • Without proper documentation and a clear procedure, you risk an invalid termination and subsequent litigation in Czech courts.
  • Specialised legal services—such as setting up control mechanisms or handling disputed sick leave cases—are routinely provided by the Czech legal team at ARROWS advokátní kanceláře.

Sick leave and the employer’s obligations under Czech law

Sick leave is a status technically referred to as “temporary incapacity for work” (DPN). Its commencement is determined by the treating physician. Currently, the so-called eNeschopenka system operates, under which information is transmitted electronically between the doctor, the employer and the Czech Social Security Administration (ČSSZ).

As an employer in the Czech Republic, you are obliged to pay the employee wage compensation for working days during the first 14 days of DPN. This compensation is payable at 60% of the reduced average earnings (unless a higher amount is agreed). The so-called waiting period (non-payment for the first 3 days) has been abolished, so compensation is due from the first day of the missed shift.

From the 15th calendar day, the state takes over the funding through the District Social Security Administration (OSSZ), which pays sickness benefits. Information about the start of DPN will be delivered to your data box or you will see it on the ČSSZ ePortal. However, the employee still has a duty to inform you of their absence without undue delay.

The attorneys at ARROWS advokátní kanceláře have experience resolving practical issues in this area under Czech legislation, including situations where an employee abuses the eNeschopenka system. Contact them at office@arws.cz if you need advice.

Related questions on the legal obligation

1. How much time does an employee have to report incapacity for work?
The Labour Code imposes a duty to notify the employer of an obstacle to work and the expected duration “without undue delay”. The specific method (phone, SMS, email) should be set out in your internal policy.

2. What if the employee does not report the sick leave?
If the employee does not come to work and does not substantiate the reason (the eNeschopenka is missing in the system and the employee does not communicate), this constitutes unexcused absence. This may be grounds for reducing leave entitlement or, in extreme cases, immediate termination of employment. However, be cautious about acting hastily—the employee may have had an objective obstacle (e.g., hospitalisation while unconscious).

3. Do I have to require a paper confirmation?
No. The eNeschopenka system is fully electronic. The doctor sends the report to the ČSSZ, which notifies the employer. The paper “Certificate of an insured person on sick leave” remains with the employee for inspection purposes (recording checks and permitted outings).

Non-payment or reduction of wage compensation

The employer has the right to check the employee during the first 14 days of illness. The check may focus exclusively on compliance with the regime applicable to an insured person temporarily incapable of work, specifically whether the employee is staying at the place of residence and complying with the permitted outings.

If, during a check, you find a breach (the employee is not at home outside the permitted outings), you must prepare a written record. Based on a proven breach of the regime, you may reduce or fully withhold the employee’s wage compensation for the first 14 days (Section 192(5) of the Labour Code).

In the event of a particularly serious breach of obligations, the employer may terminate the employment by notice (Section 52(h) of the Labour Code). In practice, it is necessary to proceed formally and have evidence (witnesses, a record of the check, the employee’s statement). Mere suspicion is not sufficient.

The attorneys at ARROWS advokátní kanceláře regularly assist employers in the Czech Republic with preparing templates for conducting checks and with subsequent sanctions against employees, so that the procedure stands up in court. More information at office@arws.cz.

Related questions on checks

1. Who carries out the check during the first 14 days?
The check may be carried out by the employer itself (an authorised employee) or a contracted agency. From day 15, checks are carried out only by OSSZ staff.

2. Can I reduce the employee’s wage compensation on a flat-rate basis?
The statutory compensation (60% of reduced earnings) cannot be reduced arbitrarily. A reduction or withholding is a sanction only for breach of the treatment regime (failure to comply with the place of residence/permitted outings). If the employer provides a benefit (e.g., topping up to 100% of salary), it may set conditions for withdrawing it more flexibly in an internal policy.

3. What if the employee lies about the reason for absence?
The diagnosis is protected by medical confidentiality and the employer will not learn it. However, if you suspect the employee is performing other gainful activity during sick leave, this is a breach of the regime that may lead to sanctions.

Repeated sick leave and warning signs

If an employee repeatedly reports sick—for example, once a week, always on Fridays, or strategically takes short-term sick leave—you, as an employer in the Czech Republic, have the right to protect yourself. “Frequent sickness” in itself is not a direct ground for termination under the Labour Code, but it may lead to two legal approaches:

  1. Loss of medical fitness: If frequent illnesses prevent an employee from performing their work on a long-term basis, you may send them for an extraordinary occupational medical examination with your contracted occupational physician. If the physician issues an assessment stating that the employee has long-term lost medical fitness to perform the agreed work, this falls under Section 52(e) of the Czech Labour Code.
  2. Suspicion of unjustified sick leave: You have the right to submit a request to the OSSZ (District Social Security Administration in the Czech Republic) to review whether the sick leave should continue. The OSSZ medical assessor may examine the treating physician’s procedure and terminate the sick leave if they find that the employee’s health condition does not justify the absence.

The attorneys at ARROWS, a Prague-based law firm, can assess which of these steps is appropriate in your situation and help you draft the submission to the OSSZ or the request for an extraordinary examination. See office@arws.cz.

Our specialists are here for you

Related questions on repeated sick leave

1. How do you submit a request to the OSSZ?
The employer may submit an “Application to carry out a review of the justification for the continuation of temporary incapacity for work” to the competent OSSZ. The authority is obliged to deal with the submission.

2. Can an employer challenge a doctor’s decision?
You cannot directly cancel a sick note; only a doctor can do that. However, you can challenge the treating physician’s procedure with the OSSZ or file a motion for review of the medical assessment.

3. When can you terminate employment due to illness?
Only if an occupational medical assessment from the provider of occupational health services (company doctor) clearly states that the employee has long-term lost the fitness to perform their current work.

Table of risks and potential legal issues

Risks and sanctions

How ARROWS helps (office@arws.cz)

Unlawful termination for “frequent illness”: The employer dismisses an employee solely due to frequent absences without an assessment confirming loss of fitness. The court will invalidate the termination, the employment relationship continues, and the employer must pay outstanding wages for the entire duration of the dispute (often hundreds of thousands to millions of CZK).

Legal assessment of the termination strategy: ARROWS, a Prague-based law firm, will analyse whether you have the documentation for termination under Section 52(e) (loss of fitness) or Section 52(h) (breach of the sick-leave regime) of the Czech Labour Code, and will prepare the documentation so that it stands up to scrutiny.

Incorrectly conducted checks in the first 14 days: The employer fails to prove that the employee was not at home (no witness, incorrect time, non-functioning doorbell). The court will overturn the sanction (withdrawal of wage compensation) and order payment of the money with interest.

Setting up control mechanisms: ARROWS advokátní kancelář will prepare a precise manual for inspectors, templates of inspection records, and advise how to ensure you meet the burden of proof under Czech law.

Inaction towards the OSSZ: The employer tolerates an employee’s malingering and does not submit a request to the OSSZ. The employee continues to draw benefits and blocks the position.

Representation in dealings with authorities: Our Czech legal team will draft an effective submission to the OSSZ to verify the justification of temporary incapacity for work (DPN) and will follow up to prompt the authority to act.

Privacy breaches during checks (GDPR): The employer demands a diagnosis or monitors the employee in an unauthorised manner (hidden cameras, GPS without consent). High fines from the ÚOOÚ (the Czech Data Protection Authority) may apply.

Compliance and GDPR advice: We will advise you how to lawfully check employees without infringing their privacy and in compliance with Czech legislation.

Practical steps for employers

Prevention is key. You should have your system of occupational medical examinations and internal policies in order. The employee must know that checks take place and that breaches of the regime have consequences.

Recommended approach to dealing with problematic absences:

1. Consistent records – record every absence and check that it is properly excused via the Czech eNeschopenka (electronic sick note).

2. Checks in the first 14 days – carry out random checks of presence at the address during sick leave. If the employee is not reached, draw up a record.

3. Extraordinary examination – in the case of frequent short-term absences, send the employee for an extraordinary occupational medical examination with a question regarding medical fitness.

4. Communication with the OSSZ – if you suspect purposeful extension of sick leave (or “jumping” from one diagnosis to another), submit a request to the OSSZ.

5. Consultation with a lawyer – always consult the situation with a specialist before giving notice of termination.

An error in the legal process can cost you money and time. The attorneys at ARROWS advokátní kancelář regularly handle these situations and provide advice that protects you against invalid terminations and litigation in Czech courts. For more information, see office@arws.cz.

Related questions on preventive measures

1. What if the employee does not label the doorbell?
It is the employee’s duty to cooperate with the check, which includes properly labelling the doorbell or apartment. If the check cannot be carried out for this reason, it is considered a breach of the employee’s obligations under Czech law.

2. Who pays for the extraordinary examination?
The costs of occupational medical examinations are always borne by the employer.

3. Can the employer assess the employee’s health condition themselves?
Never. The employer assesses only the ability to perform work based on a medical assessment from a physician (company doctor). The employer’s subjective opinion (“they look healthy”) is not legally relevant under Czech labour law.

Conclusion

Repeated incapacity for work is a challenging situation for employers and requires strict compliance with the Czech Labour Code. Without the proper procedure, you risk a court declaring the termination invalid. At the same time, you have tools to protect yourself—from checks of compliance with the treatment regime to extraordinary medical examinations.

The attorneys at ARROWS advokátní kancelář have been focusing on employment law for many years. They have experience in dealing with authorities, setting internal policies, and representing clients in employment disputes. We are insured for professional liability with a limit of CZK 400,000,000, which provides you with additional assurance.

If you are dealing with similar issues and want certainty that you are proceeding correctly under Czech law, do not hesitate to contact us at office@arws.cz.

FAQ – Most common legal questions on an employee’s repeated incapacity for work

1. What is the difference between “long-term illness” and “repeated incapacity for work”?
From an employment law perspective, long-term illness is usually a continuous absence lasting months, which often leads to exhaustion of the support period (380 days). Repeated incapacity for work is a series of shorter absences. With repeated incapacity, it is harder to prove long-term loss of medical fitness, which is why the provider of occupational health services (company doctor) plays a key role and must assess whether frequent interruptions prevent proper performance of work. To set the right strategy under Czech law, contact office@arws.cz.

2. Can I terminate an employee just because they are frequently on sick leave?
Not directly due to “frequent sickness.” The Czech Labour Code does not recognise this as a ground for termination. However, you may give notice under Section 52(e) of the Czech Labour Code if a medical assessment states that the employee has long-term lost medical fitness. This is the only lawful way to end employment due to health reasons (unless it is a work-related injury). Do not try to circumvent the rules—Czech courts are strict on this.

3. What is the procedure if I suspect an employee is faking illness?
During the first 14 days, carry out intensive checks of compliance with the sick-leave regime (presence at home). If the incapacity lasts longer, submit a request to the competent OSSZ (the Czech District Social Security Administration) to conduct an inspection of whether the incapacity is justified and whether the treating physician is proceeding correctly. In your request, state specific reasons for your doubts (e.g., the employee was seen doing other activities).

4. How long can I keep records of an employee’s absences?
Keeping attendance and absence records is a statutory obligation for employers in the Czech Republic. For potential disputes or assessing medical fitness, it is advisable to have an overview of the employee’s sickness history. Processing these data is necessary to fulfil the employer’s legal obligations, and is therefore compliant with GDPR.

5. What happens if I do not find the employee at home during a check?
Prepare a written record of the check (date, time, who carried it out, result, condition of the doorbell). Ask the employee for an explanation. If the explanation is not sufficient (e.g., they were not at the doctor, which can be verified), you may initiate proceedings to reduce/withdraw wage compensation and issue a written warning for breach of duties. In cases of particularly serious breach (e.g., going on holiday while on sick leave), termination under Section 52(h) of the Czech Labour Code may be considered.

6. Can I monitor an employee to find out whether they are working elsewhere?
Monitoring an employee’s private life (detective services, taking photos) is legally very risky and may conflict with personality rights and GDPR. An employer is only entitled to check whether the employee is staying at the designated place. If you suspect illegal “off-the-books” work, a safer route is to file a report with the Labour Inspectorate or the OSSZ, rather than risky private surveillance. For a lawful approach, consult ARROWS advokátní kancelář at office@arws.cz.

Notice:The information contained in this article is of a general informational nature only and is intended for basic guidance based on the legal status applicable for 2026. Although we strive for maximum accuracy, legal regulations and their interpretation evolve over time. We are ARROWS advokátní kancelář, an entity registered with the Czech Bar Association, and for the maximum safety of our clients we are insured for professional liability with a limit of CZK 400,000,000. To address your specific situation, it is necessary to contact ARROWS advokátní kancelář directly (office@arws.cz). We accept no liability for any damages arising from the independent use of the information in this article without prior individual legal consultation.

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